Witnesses say three, not four, men entered Fortuna apartment

The lead Fortuna Police Department officer investigating the home invasion that sent five to the hospital, including at least two children, for bear spray exposure testified Wednesday that a number of witnesses recalled seeing three men -- not four, as previously identified by a victim of the incident-- enter the apartment the morning the home invasion occurred.

Officer Ryan Richardson was called back to the stand Wednesday to continue under cross-examination in the preliminary hearing for the four defendants accused of breaking into a Fortuna apartment and discharging a canister of bear spray while searching for stolen pot.

The hearing will determine whether there is enough evidence to hold defendants James O'Neil, Wyatt Williamson, Gregory Stephens and Trevor Bohn over for trial. All four men have pleaded not guilty to 11 felony counts, including conspiracy to commit a crime, assault with a caustic chemical and false imprisonment by violence.

While under cross-examination Wednesday, Richardson said he interviewed a mother and daughter who told him they were standing in a carport at the apartment complex on the morning of Sept. 19, when they were approached by three men who said they were looking for Eli Scott, a victim of the home invasion. The daughter told Richardson that she watched the three men enter and then later exit the apartment building where Scott lived. Her mother told Richardson she was later approached by a fourth man -- apparently looking for the three men who had entered the apartment -- but that she did not see him ever enter the apartment.

Richardson said he also interviewed a third witness, a "kind of building manager," who stated that he and another man escorted the men to the apartment where Scott lived. Although the third witness initially told Richardson that he had seen four men, the man later corrected himself, stating that it must have only been three men that he saw.

In previous testimony Tuesday, Richardson said that when interviewing Scott immediately following the incident, Scott was only able to provide a description of two subjects that had entered his apartment. Later, during a drive by of the subject's vehicles, Richardson said Scott was able to positively identify all four defendants as being involved in the incident.

During cross-examination Wednesday, Bohn's attorney, Bill Bragg, asked Richardson, why, if witnesses stated that only three subjects entered the apartment, he didn't question Scott when he identified four men as being involved.

"Did that cause you any concern that this guy, who had just been pepper sprayed, identified four subjects, when he was previously only able to describe two?" Bragg asked.

"No," Richardson said.

"Did you ever go back and interview Eli Scott about the fact that he had obviously identified four subjects when everyone else said there were only three?" Bragg asked.

"No," Richardson said.

Brownfield recalled the people's last witness, Perdeda Cowan, a victim of the home invasion who failed to appear Tuesday, for brief cross-examination Wednesday.

While questioning Cowan, O'Neil's attorney Kathleen Bryson brought up a previous statement Cowan had made about wanting to see justice for her children and asked her whether she was hoping for a payback from the case.

"I would like to pay for counseling my kids might need," she said. "I want to show that I care, I am not just sitting back."

Cowan, who had previously testified that she is currently homeless, stated there have been out of pocket expenses she has had to pay resulting from the home invasion, including multiple laundry cycles for clothing that was contaminated by the bear pepper spray and loss of furniture.

When asked later by Brownfield about the same topic, Cowan said she was not trying to make a profit.

"I don't care if I get money," she said. "I just hope my expenses are recovered."

The preliminary hearing is set to continue today at 8:30 a.m., with the defense expected to call witnesses.